Emotions in the Wind
by Thindy
Summary: A relation from Piper's comes to visit Toby.
1. Chapter 1

TITLE: "Emotions in the Wind" (1/3)

AUTHOR: Cindy ()  
>RATING: R<p>

CHARACTERS: Toby, Piper and Gang

DISCLAIMER: The characters used from the West Wing do not belong to me; they are the property of Aaron Sorkin.

FOLLOWS: Charity Begins at Home

"Please?"

"No."

"Please?"

"No."

"Why not?"

"Because I said so."

"That's not fair," Piper argued.

"Well I'm sorry you feel that way but the answer is still no." Her father Toby Ziegler replied keeping his eyes situated on the hockey game. Washington had yet to score but Toby was still hopeful.

"All my friends are going," she tried again.

"Piper I already said no so please don't ask me again. Now go and get ready for bed please."

Piper stood staring at her father but she knew it was hopeless. There was no sense in arguing with him so she did as she was told and left the room to get ready for bed.

A few minutes later Toby got up and followed his daughter to her room. He turned on the small lamp that sat beside her bed on her nightstand and folded back the Barbie comforter.

Crikey the family's black Labrador was lying at the end of Piper's bed. This was common ground for Crikey, she seemed to prefer this room out of all in the house. Toby stretched over and pet the dog whose eyes closed and a look of happiness seemed to emerge from her expression.

Piper entered the room and hopped up onto her bed getting underneath the comforter that Toby now covered her with. He stood up and walked over to the bookshelf and asked, "What will it be tonight?"

"Nothing," Piper said softly.

"Why?" Toby asked surprised that she didn't want him to read her a story. A ritual they had done since they had been united.

"Because I said so," she replied flippantly.

Toby sighed, "I see. It's like that is it?"

Piper rolled over onto her side with her back facing him, "Good night."

Toby stood quietly watching this young little replica of him as she pretended to fall asleep. Finally he said, "I love you baby."

"Well I don't love you," was her response.

Toby's eyes flinched as her words hit him, "Yes you do," he tried to sound as if he wasn't affected by what she had just said to him.

"No I don't."

"Why?"

"Because I said so," she casually gave back to him. His own words had come back to bite him in the ass.

"Piper I have good reasons for saying no. I want you to know that."

"I that you're just a meanie and you don't want me to have any fun."

"That's not the truth and I think you know that…."

She didn't respond. Instead she pulled her covers over her even more so that he couldn't see her. It was times like this when he realized he was out of his depth dealing with a child. It was easier to scold an adult but even harder when it was your own flesh and blood.

"I wish mommy was here. She'd let me go."

Another sigh. CJ was always the one Piper wanted when she needed things to be seen her way. Unfortunately for the two of them CJ was out of town visiting her father with Keegan.

"Even if mommy were here she would agree with me. We have discussed this before Piper and the answer has always been the same and it's not going to change. Not unless you are with me and or mommy."

Piper threw the covers off of her and abruptly sat up, "All of the other kids will be going there and I'm going to be the only one left out."

"I am really sorry sweetie. I know you really want to go. And I promise you when mommy comes back we will all go together and make a day out of it."

Piper threw herself back against her mattress and sobbed. He just didn't understand why it was so important for her to go and be with the other children. "That won't ever happen. You are always so busy," she cried out through her tears. She sniffled a few times and then shouted, "I hate you!"

Another hit delivered below the belt. No matter how many times you heard that and very well knew it was said out of anger, the sting still had the same impact.

Toby turned off the light switch and whispered, "I love you. Good-night," before closing her bedroom door.

He used the wall on the left of her door for support as he allowed his body to slide against it until he was sitting on the floor. He leaned his head back and sat there for a few minutes to gather himself.

A small note passed through his mind as he overheard the roar coming from the television. Toronto had scored yet again leaving The Capitals shut out. The phone began to ring and Toby slowly raised his body off the floor and went into his bedroom to answer it.

It was CJ, "Hi honey. I thought I'd check in with you before you went to bed."

It was so great to hear her voice. Even though she'd only been gone for 11 hours so far, to him it felt like a year. "Hey honey how are you?" Toby asked trying to shake out his depression.

"I'm good…what's wrong?"

Toby laughed, "What makes you think anything is wrong?"

CJ thought for a second and then asked, "What'd she do now?"

Toby smiled. He glanced at the photo that was encased in a sterling silver frame on his nightstand. It was from their wedding day and it made him miss her even more.

"Nothing," Toby fibbed not wanting to rethink Piper's words.

"Ok then let me guess…it was either an 'I hate you' or an 'I don't love you'."

She amazed him with her perception. He hesitated and then finally admitted, "Actually tonight was a special night. I got both." He tried to chuckle out of his feelings.

Now it was CJ's turn to sigh, "I'm sorry honey. I know how personal you take that."

Toby gritted his teeth as he jiggled his upper torso. Who wouldn't take it personal, was all he could think of?

"If it makes you feel any better she's only 5."

"She's good at it."

CJ laughed. "How's Keegan?"

"He's asleep. I think he's got a fan base going here with all the nurses."

"That's my boy," Toby said with a grin.

"Tell me about it. Can he even lay the charm on when he wants too."

"Hey, I always lay the charm on," Toby defended.

"Yeah that you sure do babe. Listen I don't mean to cut you short but Dad is looking pretty bored here so I should get back to him."

"Give him my love."

"I will. I hate to leave you knowing this Toby. She doesn't mean it."

"I know. I'll be fine."

"You do realize that you can't keep her from the zoo for the rest of her life. Eventually she's going to find a way to get there."

"I was thinking that maybe the four of us could go when you get back."

"Really?" CJ questioned.

Toby inhaled, "Like you said, we can't keep her from it forever."

"I love you Toby."

"I love you too. Hurry home to me."

"I will."

Toby laid the receiver back in its cradle and stretched out on his back on his bed. With his right arm he felt the side where CJ should be right now. One thing he wasn't very manly about and that was being separated from his wife.

**Two**

Toby was on his fifth meeting of the morning when his stomach began showing signs of life. The knocking was becoming unbearable and he quickly estimated that this current meeting could possibly run a minimum of another hour.

Acting as if he was still paying attention to what Josh and the other party were discussing Toby quickly jotted down on his memo pad.

He clicked his pen a couple of times on the pad and when he found the opportune time, he slid it slightly to his left so that Josh could see what he had written.

Josh got the hint and pushing his chair back stood up, "Look we can do all this day. The bottom line is we'll give you the seat if you give us the Agriculture bill. Until then…," Josh paused for effect, "Have a good one."

Josh turned to Toby as he straightened his tie, "Lunch?"

Toby nodded his approval, not in a rush to speak in front of the others regarding the grumbling sounds bellowing from his mid-section.

Josh opened the double doors and with Toby right behind him started ranting and raving about what nerves these people had. "Don't they realize that we're the ones handing them a gift? I mean what are they…blind?"

Toby waved to a few people that had said hello to him in passing. This was routine for him. Strange people whose names he couldn't recall would say hi and Toby would give a quick smile and a wave as if he knew who they were and wanted to acknowledge their appearance of walking past him.

Josh kept on talking not even realizing that Toby had lost interest in the conversation before Josh had even opened his mouth. When Josh broke to the right to go to his office, Toby kept on walking towards his own.

Ginger and Bonnie were gone when Toby arrived. Probably having their lunch like normal people do at a normal hour. Toby entered his office and tossed his memo pad and file folders onto his desk.

Toby picked up the phone to place an order and as his fingers began dialing Will gave a few taps on his door. "Yeah?" Toby asked while he waited for the other line to connect.

"I've got someone in my office."

Toby looked at Will, "What a coincidence. So do I."

"Yeah but I don't who it is in mine."

"Well then I'd say luck seems to be on your side today," Toby said sarcastically. He held up his finger for silence to Will, "Hi this is Toby Ziegler, I'd like a corn beef on rye please." He listened for a few seconds and then added, "I'll go with the milk today…..thanks Louisa."

He hung up the phone and sat down. Will watched as Toby pushed himself closer to his desk. "That's it?"

Toby looked up with a quizzical expression. Will continued, "I'd like a corn beef on rye with a milk and your order is done? That took all of what? Ten seconds."

"This is almost as exciting as a stranger being in your office. Can I actually help you with something Will?"

"Whenever I order it takes me ten minutes just to get her to understand that I'm in the same building," Will cried out, clearly upset.

"What can I say? I'm a likeable guy," Toby smirked and pulled papers together waiting for Will to leave.

When that didn't happen he asked, "If you're hoping I'm going to share my corn beef I'm sorry to disappoint you but it's not going to happen."

"What? Oh no. I came in here because there is someone in my office."

"So you've mentioned."

"He says he's here to see you."

"For me?" Toby replied a little shocked. He quickly punched up his calendar on his laptop. He had nothing scheduled for another hour and that was a Senior Staff Meeting.

Toby shrugged his shoulders, "I don't have anyone set up for this afternoon. Did he say who he was?"

"He wouldn't tell me. When I went into my office he was just sitting there and he asked me if I was Toby. When I told him no he simply said 'go get him'."

"Just like that?"

"Just like that," Will repeated.

Suddenly Toby was annoyed. Not only did he dislike it when strange people got access to him, but he disliked it even more when they were rude before he even got a chance to meet them. He got up and motioned for Will to go ahead of him.

Toby stepped inside Will's office, "I'm Toby Ziegler," he said not trying to make an impression.

The stranger didn't stand up nor did he offer either his hand nor name, "I need to speak with you."

"Did we have an appointment?" Toby asked knowing full well that they didn't.

"I didn't think I needed one."

Toby gave a chuckle, "And why is that?"

"I'm family," the man responded.

"You're family?"

"That's correct."

"Then why is it I've never met you before in my life?"

"Because I just recently found out who you were. And I have to say I'm impressed with your position here at the White House."

"That's great however I don't recall asking. I will ask you this though," Toby placed his right arm against his chest, while his left hand cradled his chin. "Who are you?"

"I told you. I'm family."

"Okay let's try it this way. How about you tell me your name in the next five seconds or I'll have security through you out?"

The man stood up and looked right into Toby's eyes. He knew right away that this Ziegler guy wasn't one to fool around. He liked that.

"Christian Affleck."

Toby shrugged, "I've never heard of you before."

"I bet you've heard of my sister though," the man said with a cocky tone.

"And who is your sister?" Toby said now standing akimbo. His patience running very thin and his stomach in overdrive.

"Tobi's mother."

"Tobi's mother?" Toby repeated not understanding the connection. He glanced over at Will for help but he had none to offer.

A few seconds later before his eyes nearly rolled into the back of his head Toby realized the connection. He was the brother of Piper's mother, making him Piper's uncle…..and family.

**Three**

"So what is it you want exactly Mr. Affleck?"

They were both now sitting in Toby's office. Christian on the couch while Toby was behind his desk. Here at least he felt as if he might have a bit more power, or if anything maybe some intimidation. Right about now he was sort of hoping for both.

"I don't know what you mean."

"Yes you do. Please don't mistake me for an idiot because I can guarantee you that I am not."

"Listen I'm not here to cause trouble-"

Toby cut him off asking, "Then why are you here?"

Christian flung his hands out palms up as if to say 'what do you think?' "I just learned that not only did my little sister die but that she left behind a child, a daughter….MY niece," he said with emphasis.

"You just found this out now?" Toby asked confused.

"About a month ago."

"You've known for a month that your sister died and left behind MY daughter and you're coming to me now?"

"Well it took me awhile to track you down. I guess you can say I'm not a follower of politics."

"Cindy's been gone for over two years."

"Yeah," he said sadly. "I wish I had known at the time. I would have tried my best to help her."

"Why weren't you?"

"Pardon?"

"I asked why you weren't there? I mean since we're family and all I find no reason why you can't share with me your whereabouts for the past two years."

"I was living up in Canada."

I pursed my lips together, "Canada's a lovely country."

"Yes it is," he agreed. "But it's cold there too," he said smiling.

"It's cold here too."

"I know how this must look."

"You do do you?"

"But she was my little sister."

"Yes you mentioned that. So why is it you didn't know your little sister had a child over five years ago and then died 3 years later?"

"We sort of had a falling out."

"I'm going to need more than that," Toby replied curtly.

"I didn't approve of her lifestyle I guess you could say. Well not just me but my mother as well. Cindy didn't like what we said and she took off. Started a life somewhere else never to be heard from again."

"When was this?"

Christian took a deep breath as he scoured his mind for dates, "May of '94 give or take."

"Ten years," Toby said as he quickly counted the time difference. "That's a long time."

"Too long Mr. Ziegler."

"Call me Toby," he instructed Christian.

"Okay Toby."

"So how did you find out about my daughter and I?"

"When I got back from Canada I ran into an old friend of Cindy's. She informed me that Cindy was living in New Hampshire. So I figured I'd track her down and put the past behind us. Start fresh. Nadia, Cindy's friend told me where Cindy had been working. So I went there. They told me she quit but gave me an address for her last place of residence."

"I left a note on the door for her to call me. When I didn't hear back after a day I went back again and found my note still on her door. A neighbour came out and it was then that I learned about her death and about her having a baby. And now here I am."

"You must have spoken with Mrs. Bachui. She was Cindy's neighbour."

"I guess so. I don't really know to be honest with you. I told her who I was and she told me what I just told you. I spent a couple of weeks trying to track you down and then hopped on a plane to come here."

"I thought you said a month?"

"What?"

"I thought you said you just found out a month ago?"

Christian gave a nervous laugh, "3 weeks, 4 weeks. What does it matter?"

"Because Asshole," was what Toby wanted to scream at the top of his lungs. He didn't like this guy and he definitely didn't trust him.

"I'd like to meet my niece," Christian stated sitting up more in his seat. His confidence level raising.

Toby eyed him for a brief moment, "Well I am sure one day we can arrange that however-"

"Not one day Toby. I'd like to see her now. Today."

"However," Toby repeated pissed off at being interrupted. "Right now is not a good time."

"And why is that?" Christian asked with a smug expression that Toby wanted so badly to reach over and wipe off.

"Because she's in school. And then we have plans."

"What school?"

"I'm sorry but I can't tell you that."

"I'm her Uncle!"

"Well I'm her father. And as her father I am choosing to keep that information private until I can confirm what it is you have been sitting here," Toby pulled out his wrist to read his watch. "For the past 45 minutes telling me. I'm sure you understand," Toby said trying to sound friendly.

"Okay then how about we meet up tomorrow? It's Saturday, so she'll be free from school. Just give me your home number and I'll give you a shout before I drop by," Christian said as he rose from his seat.

Toby did the same, "How about you leave me your number and I will contact you when it's an appropriate time."

Christian hesitated and then finally flashed a phony smile, "Sounds good to me Toby." He jotted down a number on one of Toby's business cards and handed it to Toby after placing the pen back into its holder.

"I look forward to hearing from you Toby," Christian said as he offered his hand to Toby to shake. "It was a pleasure to finally meet you."

"A pleasure," Toby repeated. When Christian was out of his office Toby mumbled, "That's not the word I'd have used."


	2. Chapter 2

TITLE: "Emotions in the Wind" (2/3)

AUTHOR: Cindy ()  
>RATING: R<p>

CHARACTERS: Toby, Piper and Gang

DISCLAIMER: The characters used from the West Wing do not belong to me; they are the property of Aaron Sorkin.

FOLLOWS: Charity Begins at Home

**Four**

"You're kidding," Josh exclaimed after Toby finished telling him about Christian Affleck.

"I wish I was. I want to get a full detailed background check on this guy. For all I know he could be making the whole thing up."

"Of course," Josh agreed. "What did CJ say?"

"Nothing."

"Nothing?" Josh repeated surprised. "That doesn't sound like CJ," Josh paused and then said, "You haven't told her yet have you?"

Toby flicked his gaze towards Josh, which told him what he had expected, "You know she's going to freak when she finds out. Don't you think you should tell her now rather than when this guy shows up at your door?"

"He puts one foot on my property and I'll break every bone in his body."

"Well yeah that's a given but still. You've got to tell her Toby. You of all people know what she's like when she's left out of the loop. Hell she scares us around here when we do it to her and that's just work. This is different Toby. Piper is her daughter too."

"I know, I know. But she's out there with her dad and I don't want to upset her right now. I don't think she can handle any more stress."

"Her dad isn't doing any better I take it?"

"No in fact he's getting worse. The other day when she called him he refused to speak to her. He claimed he never had a daughter, only sons."

"Wow, that must have broken her heart."

"That's why she's out there. She's coming back tomorrow. I'll tell her then."

"I'll make a few calls and see what I can come up with."

"I appreciate it Josh. Thank you."

"Hey don't mention it. That's what Uncle Josh is for," Josh said casting Toby a smile. "We'll work this out. Trust me."

Donna poked her head in, "I'm sorry to bother you guys but there's a man waiting for you Toby in your office."MHer

Toby and Josh exchanged worried glances, "He wouldn't come back again would he?"

Toby didn't know, "I'd like to know when my office became the waiting room? Doesn't security work around here?'

"I'll come with you just incase you need backup," Josh offered.

"I think I can handle myself," Toby told him.

"Well then I'll come just because I'm nosy."

**Toby's Office**

Toby entered his office with Josh hot on his heels and found a different man standing facing his desk. When he heard Toby and Josh enter he turned around slowly and asked, "Are you Toby Zachary Ziegler?"

"I am," Toby answered. "And you are?"

"Serving you," the man handed Toby a long manila envelope. "Consider yourself served. Have a good day gentlemen," and then he departed.

"Oh my God!" Josh cried out. "Is CJ suing you for divorce?"

"Don't be ridiculous," Toby replied as he slid open the envelope and removed crisp white papers.

"Isn't this how Andi served you with divorce papers. Man you've got bad luck with women," Josh said aloud. Only Toby wasn't listening.

"Shut up Josh," Toby demanded. He skimmed the papers and released an extremely long sigh. "Oh my God," he whispered.

"What?" Josh asked scared to know if his suspicions were right regarding CJ.

"That son of a bitch is suing me," Toby yelled as he threw the papers across the room in anger.

"What? Who? Why?" Josh was about ready to jump out of his skin. This was insane. Who was suing Toby?

"Christian Affleck. He's suing me for custody of Piper." A million thoughts were racing through Toby's mind. The biggest was taking his daughter and fleeing the country.

Josh's mouth dropped open. He didn't know what to do or say. After an awkward silence he said, "We're going to need bigger backup."

**Five**

Josh handed Donna the stack of papers that were once scattered across the floor of Toby's office. "Whatever you're doing I want it put aside for now. I need you to pull every record no matter how small that deals with Non Parental Custody issues," Josh barked while walking away from her.

"Now? Josh I've got a lot of work-"

"I need everything you find Donna and I need it ten minutes ago," Josh shouted.

Donna couldn't understand what was so important until she took a glimpse at the papers she was holding. "Oh no," she said softly and quickly got to work on Josh's request.

**Outside the Oval Office**

"I need to see the President Charlie."

"He's busy right now Josh."

"What's he got going on in there?"

"He's talking with Leo. He asked that he not be disturbed."

"Well I need him disturbed," Josh said impatiently.

"I'm sorry Josh. There's nothing I can do. I have to follow his orders."

Josh leaned over Charlie's desk getting right into his face, "Some asshole just had Toby served with custody papers to have Piper taken away from him."

Charlie stared back at Josh with his eyes wide open, "Give me a minute." Charlie then rose and went inside the Oval Office.

Josh paced the area as he waited for Charlie to come out. When he heard the President shout, "Like hell he will," Josh knew he'd betting getting inside the Oval Office without consequences.

Charlie opened the door, "He's ready for you Josh."

Josh thanked Charlie as he brushed past him. Charlie closed the door behind him standing inside the office as well. When Bartlet glanced at him with curiosity Charlie said flat out, "I'm not leaving so don't even think of asking me to."

Bartlet nodded his understanding of Charlie's position and waved him to come further into the room. "Tell me exactly what happened?" Bartlet asked of Josh as he half sat on his desk and removed his glasses tucking them into his shirt pocket.

"It seems that Piper's biological mother has a brother. He hasn't been a part of her life for close to a decade. Now all of a sudden he wants to be in Piper's life," Josh gave a quick rundown on the story.

"Can he do that?" Charlie asked.

"Well there are laws that allow for relatives to file for custody," Josh said turning to Charlie before looking back at the President.

"Poor Toby," Leo sighed.

"Can this guy win?" Charlie asked.

"That's up for the courts to decide really," Leo answered.

"So this guy gets to just show up and hand over some papers saying he wants Piper and that's it? The courts get to make a decision regarding the fate of this little girl and there is nothing Toby can do about it?"

"Well legally Toby has 20 days as the respondent to file a written response on his behalf. We're going to turn over every rock there is to make damn sure this guy doesn't win. I've got Donna doing research as we speak," Josh answered Charlie.

"Will he need a lawyer?" Leo asked.

"Whatever he needs we'll give him," Bartlet stated getting angrier at the thought of this entire thing. "I'll be damned if some loser from wherever he is from is going to take that child away from the two people who worship the ground she walks on. Not while I have a breath in me."

"Sir there isn't much you can do," Leo tried to say.

"Want to bet on it? This isn't just any child. This is Piper. OUR Piper. And I'm not about to sit back and watch her get torn from her family, from MY family. I'm Papa Jed for Christ's sake!"

"Where is Toby?" Leo asked Josh.

"Three feet deep in scotch probably," Josh said teasing. "At least that's where I'd be if I was him. Actually I left him in his office. He had to call CJ and tell her what was happening."

"Oh boy," Bartlet sighed. "That's not going to go over well."

"I've never known CJ to take bad news well. I'm just glad I'm not in the same room with her when she finds out," Charlie admitted.

"CJ!" Josh yelled out jumping up from where he had been sitting on the sofa. "She's not on the petition."

"What does that matter?" Bartlet asked wondering where Josh was taking this.

"CJ is her mother. I mean legally she is her mother. She adopted her which means-"

"Which means she has full custodial rights along with Toby," Bartlet caught on.

"He doesn't mention her in the petition because he probably doesn't even know about her."

"Can that work in our advantage Josh?" Leo asked feeling some hope rise within him.

Josh started snapping his fingers as his brain started working overtime, "Well if he had filed against both of them then that would be one case. So if Toby had lost-"

"Toby's not going to lose," Bartlet spoke.

"I know but if he was to lose," Josh said. His eyes pleading with the President to temporarily go with his theory. "It means that this guy would get custody of Piper. However, he didn't. He filed against Toby only. CJ still has her own rights to the child because she adopted her."

Bartlet was right on track with the way Josh was thinking, "So because he didn't he'd have to file another suit against CJ and hope to win that as well."

"Exactly!"

"This is ridiculous," Leo said. "Why does this guy suddenly want Piper? He doesn't even know her."

"Money," Charlie offered.

"What?" The others asked in unison.

"I bet he's looking for money."

"But Toby doesn't have any money. I mean not really," Leo replied.

Josh bit his lower lip, "But Piper does."

"She does?" Bartlet asked him.

"She received about a half million dollars from her mother's life insurance policy."

"I had no idea about that," Bartlet said softly. "Do you think he knows that?"

"It's motive for wanting her," Josh replied.

"Why didn't Toby tell us this?" Leo asked.

Josh shrugged, "I don't know. I mean it's not his. Not really. He's entitled to it should he require it to help support Piper but he and CJ have it locked in a trust for when she's 25."

"25? That seems awfully old. I thought it was like 18 or 21," Charlie said.

"This is Toby we're talking about. I'm surprised he didn't have it set for 50," Bartlet replied with a laugh.

"Trust me he tried. CJ had him settle on 25," Josh told him. "But he's the one with control of the money. Take Piper away from him and the control follows the child."

"This is sick," Charlie said. "I bet he doesn't even care for her at all. He just wants to get his hands on her money. And then what? What happens to Piper then?"

"Don't worry yourself about that Charlie because it's never going to happen. He's not getting his hands on Toby's baby. If I have to write a new law so help me God I will see to it that it gets passed through," Bartlet replied.

"Josh I want you to make sure those papers get filed. He's got 20 days to file, he has them filed before you leave this building." Josh nodded his understanding and left the office.

Bartlet turned to Charlie, "Work with Donna. Josh mentioned that she is researching right now. Help her out. Find out everything you can. I want your brain crammed with every bit of knowledge regarding this matter."

Bartlet then instructed Leo, "Dig up what you can on this guy Leo. I mean everything. I want to know what he last had for supper."

"Of course Sir."

"And Leo, I don't have to tell you how big this is."

"No Sir you don't. She doesn't just belong to Toby Sir. She belongs to all of us."

"Damn right she does."

***Six***

Josh caught up with Donna and asked, "Please tell me you have something for me already?"

"I need more time Josh. I've got all these papers but I've yet to fully understand just what they are supposed to be telling me."

Josh took a few papers from Donna's pile and glanced over them, "This one is telling me what?" He asked frustrated as he continued to look it over.

Donna stretched over Josh as she took a quick look at what he was reading, "That one says that a non parent can petition for custody whether or not the parents were married, never married or divorced."

Josh continued reading getting angrier at each word he took in. Frustrated he threw the papers back at Donna and stormed into his office. Donna followed right behind him. "We're going to fix this Josh."

Josh sighed as he stood at his window, "Dammit Donna. I know the law but.."

"But what?" Donna asked softly.

"But I don't know this stuff."

"Josh it's not your fault. We'll do the best we can."

"Yeah but will that be good enough?"

"I'm sure anything you do will be good enough Josh. We're not going to lose Piper."

A knock at the door and then Charlie entered, "I'm here to help you Donna."

Donna smiled back at him, "Good. I could use all the eyes I can get."

"Well let's get started."

Donna motioned to Charlie to give her a moment, then directed her attention back to Josh, "Are you going to be okay?"

"Yeah," Josh said with hesitation. "As good as I can be."

"If you need me call for me. I'll come a running," she winked at Josh.

"Thanks Donna."

"You don't have to thank me Josh. I care about them too."

"I know you do," Josh gave her a weak smile.

"Has he come out yet?"

"Nope," Ginger replied swinging around in her chair. "I'm actually beginning to worry about him."

Will tapped Ginger's desk, "He'll be alright. Let's just give him some space and let him come to us for now. I don't want to smother him."

"Alright. But if he doesn't come out in the next hour or so I'm going in."

"Sounds like a plan," Will winked at Ginger as he went into his own office. He sat down at his desk and looked over into Toby's office but he couldn't see him. The room was completely dark. He considered checking in on him and then decided to take the advice he had given Ginger and leave him be.

There was a quick rap on his door and when Will glanced up he smiled, "Oh thank God you're here."

"I told you I would be."

"Did you have any problems?"

"Well I was fine until you called me with this one. Where is he?"

"Well Ginger said he hasn't left his office but it doesn't seem to be any sign of life in there from what I can tell."

"I'm going in. I'll be right back."

The door opened to Toby's office and at first sight there was no sign of anyone in the room. A flick of the switch brought the room to life and a squint from Toby as he quickly sat up from where he was lying on the couch.

"What the hell?"

"I'm sorry….did you want me to turn the lights back out so you could continue wallowing?"

"SAM!"

"In the flesh," Sam laughed as he raised his arms outwards.

"What are you doing here?"

"I heard my friend was in trouble and I hopped on the first flight I could get."

Toby stared at Sam not yet believing he was here with him in the same room. "It's so good to see you. You look good…nice tan."

"Thanks," Sam said as he checked himself out. "Too bad I can't say the same for you. You look like shit."

"I feel it."

"Well, you look it."

Toby chuckled, "I sure feel it."

"Well you sure look it," Sam repeated. Toby laughed and Sam joined him…it was like old times.

A silent moment passed and then Toby whispered, "He wants to take her away from me."

Sam in a sympathetic tone, "So I heard."

Fighting back tears Toby quietly asked, "Why do people keep wanting to take my baby away from me?"

"I wish I knew the answer to that one Toby, I truly do. But I am here and I will do everything in my power to make sure that doesn't happen."

Toby just nodded his head, not sure what to say or even if he had the stamina to even speak. His world felt as if it was collapsing and it was taking every bit of his strength not to drown with it.

"Listen as much as I'd like to visit your ugly mug I think I'm better off getting started with all of this. How about you take a few minutes to gather yourself and meet me in the Roosevelt room? We've got papers to sign and some ass to kick."

Toby drew a deep breath and once again nodded. He wiped his face with his hands and slowly exhaled. Sam placed his hand on the knob of the door as Toby admitted, "I haven't called CJ."

"I know," Sam responded. "That's why I did it for you. She's on her way home."

"I couldn't."

"I know Toby."

"I wanted to. I tried to."

"Toby, she knows. She was grabbing the first flight out."

"Do you think she'll get one?"

"Well their sake they best be finding her one quick. Or she's likely to take over the damn plane and fly herself home."


	3. Chapter 3

TITLE: "Emotions in the Wind" (3/3)

AUTHOR: Cindy ()  
>RATING: R<p>

CHARACTERS: Toby, Piper and Gang

DISCLAIMER: The characters used from the West Wing do not belong to me; they are the property of Aaron Sorkin.

FOLLOWS: Charity Begins at Home

**Seven**

"Listen to this," Donna instructed both Josh and Charlie. "It says here that in the case of Troxel vs. Granville the Supreme Court denied a grandmother the visitation she was seeking stating that the parents have a fundamental right to make decisions on how they should be able to raise their children."

"And that means?"

Donna closed the book, "I'm not quite sure….Josh?"

"I'm guessing that Grandma had her visitation restricted and she didn't like it so she sued and from the sounds of it lost."

"That's so sad."

"Donna?"

"What?"

"That's a little hope for our side."

"I know, but I just think it's mean to take away a grandparents rights to see their own grandchildren. It's not fair."

"Oh but it's fair to sue your own children because you don't like their rules? Because that's pretty much what it comes down too."

"You don't know that."

"What I do know is that it is getting harder everyday for parents to be able to raise their children the way they would like without so much bloody interference with the law. I live miles away from my mother….so when I have my kids and I don't send them out to her on a monthly basis…that means she has the right to sue me?"

"Of course not…I'm just saying…"

"I don't mean to be the bad guy here but we're getting off track. This conversation isn't going to help Toby or Piper," Charlie pointed out.

"Charlie's right," Josh said slamming another book closed. "This sucks."

CJ came through the door, "Anything?" She asked with a sense of panic in her voice.

"We're still looking CJ," Josh answered. He was disappointed that he didn't have more for her.

"How are you holding up?"

CJ sighed, "I'm good considering. I mean I have some serious jet lag and I'm still choking somewhat on the stale peanuts, but otherwise," CJ smiled trying to be positive.

"And Toby?" Donna was afraid to ask.

"Sam's got about 2 pots of coffee into him by now so if anything he's certainly alert. I'm about to run down to the house to check on the kids. We figured one of us should be there for bedtime."

"Do you want me to drive you?"

"Thanks Charlie I'd actually love that. I don't think I'm up for it….the being alone part that is."

Charlie placed his pen down and removed himself from the table and escorted CJ out after she had said goodbye to Josh and Donna.

The two of them exchanged a worried look. "It'll be alright," Josh reassured Donna.

**Roosevelt Room**

Toby finished signing all the papers that Sam had placed in front of him. "Are you sure I didn't just sign away Piper in there?"

Sam and Will laughed, "Well if you did it was only to me," Sam teased.

President Bartlet entered with Leo right behind him, "Who let this guy into the building?" Bartlet joked to Leo.

Sam laughed as he stood up and shook hands with Bartlet. "It's great to see you again Mr. President."

"California agrees with you Sam. You're all bronzed and shiny."

"We just came from Josh and Donna and he sort of had an idea," Leo stated getting right to business.

Toby held out his hands, "I'm listening."

"Well they've busy trying to figure out how to fight this thing legally…and they're really not getting anywhere…at least not fast enough for Josh."

"There has got to be more cases just like this," Will protested. "Surely we can find something?"

Leo held out his hand for silence, "Josh thinks we shouldn't be fighting the law, but that we should be fighting him."

"Isn't that what we're doing?" Will asked confused.

Toby caught on, "He's talking about digging up everything we can about this bastard and using it against him."

Will nodded his head, "Yeah that sounds like a Josh move. Can we make it work?"

Bartlet stared into Toby's eyes, "We'll make it work."

"Toby," Leo began not sure how to put what he wanted to say into words. "We believe that this Christian guy's motives are clearly for financial gain."

Toby covered his mouth with his hand as he waited for Leo to continue, "We're pretty sure that he doesn't really want Piper, but her money."

"How would he even know that she has any?" Sam asked Leo.

"It's not hard to find out what Cindy's life insurance policy was. I mean he is her brother and I'm sure through the mother he would be able to find out. So maybe he's used the mother for information and then took matters into his own hands."

"He can do that?" Will inquired.

"Right about now he could probably do whatever he likes. I mean filing the non parental custody papers was a smart move on his point. He's trying to show his concern for the child and he's going to overplay the loss of his sister and he's going to use her daughter as the only connection he has."

"She's my daughter."

Bartlet stepped in, "Of course she is Toby."

"Where the hell was he while his sister was lying in a hospital dying? Where was his love and concern for Cindy or Piper then?"

"Toby these are valid questions and when we get our chance we'll ask him," Bartlet replied.

"What if I just give him the money? Do you think he'll drop the custody petition and go away?"

All eyes were on Toby. Nobody dared answer right away…they were all probably thinking the same thing deep down. Finally it was Bartlet who replied, "No. I don't think so."

"Why not?" Toby demanded. "He gets $500,000 and I never have to see or hear from him again."

"Because he won't stop there Toby. Sure he might go away for a year or two or even more. But then what about when the money runs out? You don't think he's going to come knocking on your door demanding more and putting you through this whole song and dance once again?"

"We can make him sign a document stating he gives up all rights to Piper."

"It won't work Will," Bartlet quickly replied. "All he has to say is that he was coerced, that he was scared and then one of you will have to come up with bail money to get my ass out of jail for killing the son of a bitch."

Sam and Leo smiled, they knew how much Piper meant to the President and if given the chance didn't doubt for a second he'd take matters into his own hands.

Bartlet turned and placed his hand on Toby's shoulder giving him a light tap. "Whatever it takes to bring him down we're going to do it. Neither of us will stop until we've made this go away. I want you to believe me Toby. I need for you to believe me."

Toby stared back into the President's eyes, he knew in his heart to believe him. Bartlet continued, "I don't know how to explain it but I have this gut feeling about this scumbag. He's dirty and we're not only going to prove it, but we're going to make him eat it for the rest of his life."

Toby nodded and in a soft cry said, "Thank you Sir."

Bartlet and Toby continued to look deep into each other and through their eyes Toby was able to feel the support and love of the President. He could feel his tears without actually having them displayed. And he truly believed in Bartlet's words and felt a sigh of relief escape him.

**Eight**

Leo flipped his cell phone off and turned towards the President. "Please tell me you have good news Leo."

"Well that was Josh. They're just returning now. The daycare teacher is up next."

"Was Ms. Moore damaging?"

Leo sighed, "Well she wasn't a big help for Toby. She testified that he is moody and intimidating."

"So she told the truth," Bartlet teased causing Leo to smile and Abbey to slap him across his shoulder lightly.

"Ow," Bartlet cried out. "That actually hurt."

"Good," Abbey said standing up from the chair that she had been sitting down on. "This is insane you know," she huffed to both Leo and her husband. "That woman has no idea what Toby went through that day. How can they use her testimony?"

"Because they think it will help," Leo answered. From Abbey's disapproving look Leo urged on, "I agree that it's not right Abbey. I mean the guy just witnessed a woman's death and then gets told they're going to take this child that he's bonded with away from him. Of course he's going to be pissy towards her. Hell I'd have kicked her ass if it was me."

Abbey softened, "I can't believe this is actually happening. I mean-," she began to pace. "What more does he have to go through for Heaven's sake?"

Bartlet took a seat behind his desk, "Do they have hope for Terri?"

Leo placed his phone back in his pocket, "I'm assuming she's going to tell them about Piper being kidnapped by Ron."

The President and Abbey both shook their heads. What little hope they had left was slowly slipping away from them.

"What does this mean?"

CJ was walking at a slow pace with Sam while Toby was ahead with Josh and Will. "It means that the Judge isn't convinced."

"He isn't convinced that Piper belongs with Toby and I? How is that possible? We're her parents."

"Not necessarily CJ. I think he just wants to make sure he makes the right decision. This is a good thing. Of course after he speaks with her the Judge will deny Christian of any rights. I mean how damaging can a little girl's testimony be?"

"Hello Piper," Judge Kunkel said as he sat across from Piper in his chambers.

"Hello," Piper replied kicking her legs back in the large brown chair. She smiled up at her Uncle Sam who was seated beside her on her left. On the right sat Christian's lawyer Bill Webster.

"I'm going to ask you a few questions okay? And Sam's here with you so don't get scared," the Judge told Piper. "And I'd like it very much if you answered me honestly."

"I'm not scared. I'm five."

The Judge smiled, "Well I'm happy to hear that you're not scared. Do you think you can answer some questions that I ask you?"

Piper nodded wearing a large smile. This was so exciting for her. She didn't really understand what a Judge was, but she was aware of how her parents and those around her feared him. So she knew that he had to be important.

"Piper, do you know what the word custody means?"

Piper hesitated before replying, "Um, it's when peoples want to keep you."

Sam smiled at Piper's response. She was so smart for her age and he was so proud of her. "That's right," the Judge said. "And right now your mommy and daddy have custody of you. But you're Uncle Christian wants to have custody of you as well. And it's my job to decide who will be responsible for taking care of you."

"Who is Uncle Cwistian?" Piper asked innocently.

The Judge looked at Sam who felt his heart begin to rise in his throat.

"You don't know who Christian Affleck is Piper?"

Piper shook her head. "Mr. Seaborn why has this child not been told about Mr. Affleck?"

Sam cleared his throat, "I'm not sure your Honour. I wasn't aware that Toby had yet to tell her."

"Daddy doesn't like telling me things," Piper blurted. "He's always calling me nosy and makes me leave the room when big peoples come over."

Sam gave an uncomfortable chuckle as he watched the Judge's expression. Judge Kunkel was very interested in what Piper had to say.

"He does? And how does that make you feel?"

Without hesitation she replied, "Angwy. I'm five and my daddy is still mean to me and I am bigger now."

"He's mean to you?"

"I think what she means to say is-"

The Judge raised his hand to silence Sam, "I'd like to hear what she thinks Mr. Seaborn and not what you think if that's alright with you?"

"Of course your Honour," Sam whispered.

"Why do you think your daddy is mean to you Piper?"

"Cuz he's always doing mean things to me."

"What sort of things does he do to you?"

"He sends me to my room a lot and he doesn't stop Keegan from touching my toys and he won't let me go to the zoo and-"

Judge Kunkel understood where she was going with this and laughed, "So when you have done bad things or things that don't make your daddy too happy he punishes you?"

"Exactly," Piper exclaimed, happy that someone knew what she was trying to say. With all hope this man was going to make her dad stop punishing her and she could finally do whatever she wanted.

The Judge smiled back at Piper. Four kids and seven grandchildren later, he knew very well all that Mr. Ziegler had to go through as a father. As much as he hated asking the next question he did and he spoke softly to Piper, "Does your daddy ever hit you Piper?"

"Of course he doesn't," Sam shouted.

"No my daddy doesn't do that. He says that's wong."

Judge Kunkel was relieved to hear this. All too often cases came upon his courtroom of innocent children being abused at the hands of their parents.

"Your Honour I have it on good authority that Mr. Ziegler has been careless with this child on many occasions," Mr. Webster spoke up.

"Such as?" The Judge inquired.

"Both the daycare teacher and nanny have reported seeing bruises on Piper that were afflicted while being in the care of Mr. Ziegler."

"That's bull," Sam stated.

"On one occasion she complained of hitting her head and falling on her backside while being given a bath by her father," Mr. Webster said more to Sam than the Judge.

Sam flipped quickly through his memory for the incident that Bill Webster was speaking of, "Oh give me a break. Were you also informed that Piper had also covered herself with half a jar of Vaseline?" Sam didn't wait for a response, "Do you know how slippery a child is when she's covered head to toe in that stuff? Believe me, I watched as Toby Ziegler did everything he could to grip her in his arms and she slipped."

Piper giggled, "They blow dried me."

Sam closed his eyes. He was hoping that she wouldn't have remembered that part. Feeling the need to explain he said, "Your Honour, I swear it's not as bad as it sounds. But we tried everything we could think of at the time to get the Vaseline off of her. And it was my idea, and not a bright one I will add, to try using a blow dryer. Yes, Toby went along with it and if it helps he had it on low. We were desperate and it seemed like a good idea at the time."

The Judge chuckled, "I take it it didn't work?"

Sam relaxed, "Not in the least bit. We tried everything and then finally we used cornstarch and in minutes Piper was as good as new."

"How did the child manage to get Vaseline on her in the first place?" Webster asked with an arrogant tone.

"She opened the jar and smeared it on herself," Sam flippantly replied.

"Because she was unsupervised while in her father's care?" was what Webster came back with.

"She had just finished having a bath and while she was in the bathroom he quickly ran to his office to get something that I had come for. I would find it hard to believe that he can be considered by anyone as being a bad father because he left his child for a whole minute or so. Children will get into things, that's what they do. It doesn't make him irresponsible."

Mr. Webster didn't respond to Sam's statement. He crossed his leg and looked at the Judge who seemed satisfied with Sam's explanation.

"I have just a few more questions Piper and then you can go back home to your mommy and daddy okay?"

"Okay," Piper said suddenly feeling tired.

"Your daddy told me earlier about how much he loves you and how happy he is to have you in his life. You mean the world to him. Did you know that?"

"Yes. He tells me all the time that he loves me. And he gives me lots and lots of hugs and kisses and he says I'm his special girl."

Sam nodded in agreement, "He loves her with all his heart your Honour. Toby would be lost without her in his life, CJ as well. They live and breathe for both Piper and Keegan. I know you're aware of how he came to have her in his life. And you've heard from various people about all the bumps they've had to endure in the past few years. Some of them not good but the majority of them are excellent.

You can't hold the fact that he keeps her from going to the zoo against him, because he doesn't do it out of spite but instead for her protection. Yes, he may be a little paranoid where she is concerned, but can you blame him? He's had a social worker try to take his child from him, a trusted member of the Secret Service kidnap her, not to mention the ex-wife from hell. So she had paint in her hair and has wished for a new family and has even told him that she hates him and doesn't love him at times, but she's five. She's going to continue saying those things well into her twenties I'd guess.

I'll even wager that she doesn't try to paint her hair again, but even if she does, they're mistakes she's going to make and that's okay. The bottom line is Toby and CJ are good parents and to take her away from them would destroy not only them and Piper, but all of us who just simply and easily adore her."

The Judge told both lawyers that he would make his decision and inform them the next day at nine am. Sam walked holding hands with Piper. He had all the confidence in the world that Toby and CJ would win.

**Nine**

Toby fidgeted in his seat as they waited for the Judge to enter the courtroom. He was nervous about the verdict and was so anxious to have this all behind him so he could continue living his life with CJ and the kids.

A minute or so later the Judge entered. They all rose and then were seated seconds later. Judge Kunkel put on his eyeglasses and flipped through a folder.

"It's always hard when two parties fight for custody of children. In this case five year old Piper Ziegler, who after meeting with last night I understand the need for wanting to be with her as she is quite a pleasurable little girl.

Sometimes these decisions are easy and unfortunately this one has been quite difficult for me. It is obvious to me that the Ziegler's very much love their daughter. But I'm also well aware that Mr. Affleck has never been given the chance to get to know her and love her just as much either. And it is with that, that I award Christian Affleck with full custody of sister's child, Tobi Noelle Piper Ziegler."

The pounding of the Judge's gavel caused Toby to flinch. He screamed, "NOOOOOOOOOOOOOO," as he sat up in his bed. His body was soaked with perspiration. Breathing heavily Toby scanned the room trying to gain control of his thoughts and emotions.

The clock on the nightstand read 4:15 in bold red numbers. Toby rubbed his eyes until he could finally see out of them. His heart was beating at a high speed against his chest. He looked over beside him at the empty space where CJ should be sleeping.

CJ? Where was she? Toby's body shook as tears streamed down his face. He felt so lost and he was trying his best to regain control of his mind. Toby flung the duvet back and jumped from his bed and ran to his daughter's room.

Not caring he threw open her door and when he spotted her tucked in her bed, both Crikey and Barbie asleep down at her feet, he realized that it wasn't real. None of what happened was real. He had had a nightmare. Piper was still in his home.

It had all felt so real to him. He felt foolish as he stood watching his daughter sleep. Toby hadn't had a dream like that in years where it felt so convincing and caused him disbelief to the facts. He walked over to Piper and bent down placing a kiss on her warm forehead. Piper never even stirred. Barbie glanced up at Toby with her dark brown eyes and discovering that all was well went back to sleep herself.

"I love you baby," Toby whispered as he continued watching his daughter.

Toby walked back to his room and sat on his side of the bed. "Jesus that felt too real," he said aloud. He glanced over once more to the side where his wife should be laying beside him. CJ was with her dad and she had Keegan. Everything was okay.

"What made you change your mind?"

Toby explained to CJ about his dream. CJ gasped once he had finished, "Toby that would never happen."

"I know."

"Obviously you don't Toby or you wouldn't have created a fictional brother. You know that Cindy was an only child and her parents have been dead for over a decade."

"It felt so real CJ."

"Toby you can't keep beating yourself up for what Piper said. She did it out of anger. Piper loves you very much and of course she's upset about the zoo and she's going to get upset about many more things in her lifetime with both you and I. You have got to take her comments in stride or they'll break you."

Toby sighed, "How is your father doing?" He wanted to change the subject.

"He's good."

"I'm glad to hear that. Give him my love."

"I will, thank you."

"Please come home soon. I miss you and Keegan."

"We miss you too. He won't stop asking for you. He's been looking all over for you. Poor guy."

Toby smiled as he thought of his son. He wanted so much to hold both CJ and Keegan in his arms.

"Have you told her yet?" CJ inquired.

"Not yet no. I will once I'm done with you."

"Take the camcorder and the camera with you."

"It's just for a couple of hours CJ."

"I don't care. I can't be there with you guys so I need you to capture it for me."

"Okay," he agreed.

"I've got to run. Give Piper kisses for me."

"Only if you do the same for Keegan."

"I love you Toby."

"I love you too babe."

Toby ended the call and stood up off his bed. He stretched his arms up into the air and slowly shuffled his body towards his bedroom door.

"Piper," he called out. "Get yourself dressed and brush your teeth please. We have a busy day ahead of us. You and I are going out for some pancakes and then we're going to the zoo," Toby said when he entered his daughter's room.


End file.
